Thomas v. Bick et al
Filing
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ORDER signed by District Judge Troy L. Nunley on 1/4/17: Plaintiff's request for reconsideration (ECF No. 9) is denied. (Kaminski, H)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOSH THOMAS,
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Plaintiff,
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No. 2:16-cv-1425 TLN CKD P
v.
ORDER
J. BICK, et al.,
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Defendants.
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On September 1, 2016, the Magistrate Judge assigned to this case issued an order
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dismissing Plaintiff’s complaint with leave to amend. On September 24, 2016, Plaintiff filed1 a
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document the Court construes as a request for reconsideration of that order. Local Rule 303(b),
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states “rulings by Magistrate Judges . . . shall be final if no reconsideration thereof is sought from
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the Court within fourteen (14) days . . . from the date of service of the ruling on the parties.”
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Plaintiff’s request for reconsideration of the Magistrate Judge’s order of September 1, 2016 is
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therefore untimely.
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By “filed” the Court means the date upon which plaintiff gave his request for reconsideration to
prison officials for mailing. See Houston v. Lack, 487 U. S. 266, 270 (1988).
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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s request for reconsideration (ECF
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No. 9) is denied.
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Dated: January 4, 2017
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Troy L. Nunley
United States District Judge
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